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Implausible demolition order by Council

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  • Implausible demolition order by Council

    A demolition order was carried out by council on permitted development outbuildings constructed just under 4 years from date of order. Prior to demolition, neighbours were consulted to find out if they objected to their presence. No objections were raised. Despite absence of any objection, council instructed their contractors to carry out demolition at a substantial cost. Adjacent neighbouring property granted certificate of lawful use to construct similar outbuilding measuring 60 square meter prior to demolition of the ones in question. Last year an application was submitted to obtain certificate of lawful use to construct a similar development and was refused on grounds that the foundation has to be completely removed before considering the application. We feel that the demolition order was unreasonable, contradict the guidelines set out under permitted development and lacks professionalism. Prior to demolition, we urged council to allow alteration of development to avoid incurring substantial costs. They unreasonably refused and allowed similar developments to be constructed few meters away. If this matter goes to Court, the council would have a hard time trying to justify the demolition of lawfully developed outbuildings and their refusal to allow alterations to take place, negotiating alternative ways to resolve amicably. This prejudice, lack of professionalism, inconsistency and misleading guidelines would be hard to deny. Any ideas how to pursue a claim against the council? Thanks
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  • #2
    Re: Implausible demolition order by Council

    Hi and welcome.

    I'm a bit confused (which others here will tell you is quite often!)

    Did this building have a certificate of lawful development, or was it just erected on the builder's understanding of what constituted lawful development?
    What grounds were given for the demolition order?
    I think your first sentence means the buildings were demolished by the council within four years of their construction. Is my understanding correct?.

    The application for retrospective planning permission was refused "because the foundations needed to be removed"??? That makes a nonsense of retrospective planning applications!! to remove foundations will mean complete demolition anyway1
    Was an appeal lodged against the demolition order? If so on what grounds and why was it declined?

    Perhaps you could post up any documentation so we can ascertain exactly what has happened.
    Remove any identifying information first

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